The Human Rights Commission was created by the Fairfax County
Human Rights Ordinance and consists of 12 county residents
appointed by the Board of Supervisors. The Commission is charged
with eliminating discrimination in housing, public accommodation,
employment, education and credit facilities by utilizing its
enforcement powers under the Ordinance.

The Commission takes the approach of not only receiving and
investigating complaints alleging a violation of the Human Rights
Ordinance, but also of cooperating with the employers, the housing
industry and other businesses in the County to make sure we all
understand our duty to ensure equal opportunity and equal
access.

The Human Rights Commission was
formed as a result of the adoption of the Human Rights Ordinance.
What does the Human Rights Ordinance do?

The Human Rights Ordinance prohibits discrimination in employment,
housing, public accommodations, education and credit facilities in
the private sector because of race, sex, age, national origin,
religion, color, disability, marital status and familial status.
Familial status refers to the status of being a family with
children under the age of 18, and applies only to housing.

The Human Rights Commission serves as
a resource for individuals on both sides of a complaint. Can you
elaborate on that?

The Ordinance protects the rights of citizens and visitors to the
County in that it allows for a person to file a complaint alleging
a violation of the Ordinance with the Commission and have that
complaint investigated by the Executive Director and staff. The
Commission hears appeals and conducts public hearings to determine
if the Ordinance has been violated.

The Commission also serves as a resource for those who provide
employment, housing, public accommodations, education or credit
facilities by having the staff available to help them understand
their responsibilities under the Ordinance and what to do if a
complaint is filed against them. The staff offers seminars and
workshops on fair employment and fair housing. Just call the
Executive Director if there is a need for information. It is
important to remember that the Commission is here to enforce the
Ordinance, not to take sides in a dispute.

Does an individual have to go in
person to the Human Rights Commission in order to file a
complaint?

No, an individual can file a complaint over the phone or through
the mail. You may file a complaint by calling the Commission phone
numbers listed below and simply inform us that you want to file a
complaint.

(703) 324-2953
(703) 324-2900 (TTY)
(703) 324-3570 (FAX)

A Human Rights Specialist will listen to you and formulate a
complaint for you to sign. You do not need an attorney to file a
complaint, but you may consult with one if you wish.

A letter notifying the respondent that a complaint has been filed
is prepared and sent, including a copy of the complaint and a
request for information, or "RFI". The respondent is given
four to six weeks to respond to the request. If they respond
appropriately, the investigator assesses the response and
determines if any more information is necessary, such as interviews
with witnesses, copies of documents, a site visit, etc. If the
respondent does not respond to the RFI, then the matter is referred
to the County Attorney's office to seek approval of the Board of
Supervisors to file in court for a subpoena to get the information
needed to complete the investigation. After all of the necessary
information is gathered, it is analyzed by the staff to determine
if there is reasonable ground to believe that the Ordinance has
been violated.

If the staff does not find a reason to believe that the Ordinance
was violated as alleged, the complainant is notified by letter of
the finding and given a chance to appeal to the Commission. If
appealed, the Commission hears the appeal and decides whether to
uphold the staff's finding or refer the matter back to the staff
for more investigation, or conduct a public hearing in the case.

If the staff finds a reason to believe that the Ordinance has been
violated, the respondent is notified of the reason by letter and
given the opportunity to conciliate the matter. If the respondent
chooses not to conciliate, then the case is referred to the
Commission for a public hearing. After the public hearing, the
Commission will decide if it believes the Ordinance has been
violated and notify the parties of its decision.

It is much like you would imagine a court case to proceed. Both
parties attend a pre-hearing conference to stipulate to evidence,
list witnesses, and point out those items in dispute. During the
hearing, both sides give opening statements, the complainant
presents his or her case first and is cross examined by the
respondent and the Commissioners and then the respondent presents
its case and is cross examined. Then both parties present closing
arguments. After this, the Commission deliberates until it reaches
a decision in the case.

What happens if the Commission
decides that the Ordinance has been violated?

The Commission notifies the parties of its decision and gives them
four weeks to see if the matter can be settled with the help of the
staff. If so, a conciliation agreement is drawn up and signed by
both parties and the Commission. If not, the matter is referred to
the County Attorney to seek the approval of the Board of
Supervisors to file a claim in court alleging a violation of the
Ordinance by the respondent.

Are there instances where filing a
complaint under the Human Rights Ordinance affects federal or state
claims?

Yes, especially with regard to employment claims. If you file in
Fairfax County your case is filed with the U. S. Equal Employment
Opportunity Commission (EEOC) if your allegation is also
jurisdictional under Title VII of The Civil Rights Act of 1964, as
amended; the Age Discrimination in Employment Act, as amended;
and/or the Americans with Disabilities Act.

The Human Rights Ordinance so that it is substantially equivalent
to the federal fair housing law and allows for local cases of
housing discrimination to be crossfiled with the U. S. Department
of Housing and Urban Development.

Although the Commission is a County
agency, its main focus is on the private sector. Why is that?

The County has chosen not to enter into any conflicts of interest
by investigating and having the final say over allegations that it
has violated the civil or human rights of its constituents. There
are federal and state agencies that prohibit discrimination in
local government employment and services and those agencies receive
and investigate allegations of discrimination in those areas. The
Ordinance covers only private employers, housing providers, credit
facilities, private businesses doing business with the public and
private education providers.

The Human Rights Commission members
ensure that the Ordinance is upheld here in Fairfax County. How long
do they serve? What special skills or experience is needed to serve
on the commission?

It's a 12-member board appointed by the Board of Supervisors.
There is one representative on the Commission for each Supervisor's
District. Each member serves a three-year term. Three positions are
appointed by the Chairman of the BOS. Annually, the Commissioners
elect a Chairperson, a Vice-Chairperson and a Secretary as officers
of the Commission.

The Commission meets the first and third Wednesday of every month,
and these meetings, which may include appeals and or public
hearings, are open to the public. The meetings take place in
the Fairfax County Government Center in Rooms 9 & 10 at 7:30
PM.

If the number of appeals is especially high on any given month,
the Commission will often schedule a third meeting in order to
cover all of the cases to be heard.